August 1, 2014

Dr. Barry Goldstein

Dr. Michael S. Johnson
SACSCOC
1866 Southern Lane
Decatur, GA 30033-4097

Dear Drs. Barry Goldstein and Michael S. Johnson:

Please review and accept this letter as an official request for an
investigation of a possible violation of SACSCOC Standards regarding my
removal from the Alabama State University Board of Trustees by
Governor Robert Bentley, the ex-officio President of the Board.

On July 22, 2014, Governor Bentley sent me another letter requesting
my resignation of the board on or before July 24, 2014. (See enclosure).
On July 24, 2014 I forwarded Governor Bentley a letter indicating I
would not resign and the reasons for my decision. (See enclosure). On
July 25, 2014 Governor Bentley submitted me a letter removing me
from the board effective immediately. (See enclosure). On July 29, I
responded to Governor Bentleys letter of removal requesting that he
comply with ASU Board bylaws and the SACSCOC Standards. (See
enclosures). On July 30, 2014 Governor Bentley submitted me a letter
refusing to comply with the SACSCOC standards and the board bylaws.
(See enclosure).

Section 7 of Article I of the Boards Bylaws indicates that the "Board
may remove any officer of the Board upon conviction of a crime
involving moral turpitude, following a due process hearing, upon a vote
of the majority of the Board. Governor Bentley, who serves as ex-
officio president of the ASU Board of Trustees by virtue of his office as
Governor, failed to follow the due process requirements specified in
Section 7.

Furthermore, SACSCOC Standards indicate as follows:

3.2.5
The governing board has a policy whereby members can be dismissed
only for appropriate reasons and by a fair process. (Board dismissal)
3.2.4
The governing board is free from undue influence from political,
religious or other external bodies and protects the institute from such
influence. (External influence)

Governor Bentl;8ey's July 25th letter, summarily removing me as a
trustee, violated (a) the above referenced SACSCOC standards and (b)
the removal provision in the ASU Bylaws. Additionally, his removal
denied me the fundamental due process right to (a) a notice of the
charges against me and (b) a fair hearing before the ASU Board of
Trustees as the trier of fact. I have also been denied the opportunity to
call witnesses on my behalf, cross-examine and confront my accusers,
produce documents, request documents, present evidence and refute
the unfound allegations in Governor Bentleys July 25th letter.

On July 30, 2014, ASU trustee Buford Crutcher requested a legal opinion
from Mr. Kenneth Thomas, the Universitys General Counsel, regarding
my removal from the Board without a notice of charges against me and
a due process hearing. A copy of Trustee Crutchers request for a legal
opinion is attached. Instead of Mr. Thomas answering Mr. Crutcher's
request, the Governor's Chief Legal Counsel usurped the General
Counsels responsibility and provided a July 30, 2014, letter to Mr.
Wiggins and other ASU trustees. This is yet another example of
Governor Bentleys undue political influence under Standard 3.2.4. In
little more than one week, Governor Bentley (a) attempted to force my
resignation from the Board (after I questioned impermissible double
dipping by the president in connection with her monthly automobile
allowance), (b) removed me from the Board without advance notice of
charges against me and without an opportunity for a due process
hearing, (c) usurped the power and authority of the Universitys Legal
Counsel to answer an inquiry from a trustee regarding my removal, and
(d) appointed a replacement trustee to my position on the Board. In
effect, the Governor has been the investigator, prosecutor, trier of facts,
and executioner in my case. Yet, he never provided me the due process
hearing guaranteed to me under Article I, Section 7 of the Bylaws.

Additionally, the Governor has developed a political faction on the
Board with whom he communicates directly. For example, on July 22,
2014, the Governors Chief Legal Advisor issued a letter to only six of the
twelve members of ASUs Board of Trustees requesting that they attend
a meeting of the Board. A copy of the Legal Advisors July 22, 2014,
letter is attached. This letter underscores the Governor's divisive and
undue political influence over the affairs of the Board. If the Governor
is going to communicate with the Board, he should have communicated
with all trustees, and not just a faction of the Board that is perceived to
be politically loyal to him.

Governor Bentleys actions, as described above, triggered an affirmative
duty by the president and other trustees under Standard 3.2.4 to protect
the institution from such undue influence. To date, they have not acted
because of Governor Bentleys strong armed political tactics. These
tactics were designed to have a chilling effect on the trustees ability to
exercise independent judgment. Furthermore, the Governors actions
occurred within weeks after ASU was placed on an official warning" by
SACSCOC for allegedly violating various Standards.

I am requesting that you investigate the matters in this complaint. If you
find them to be true and that Governor Bentley violated Standards 3.2.4
and 3.2.5, then I am requesting SACSCOC to take the appropriate action
against Governor Bentley as an ASU trustee and restrict his
participation in the internal affairs of the University, rather than further
punishing ASU for his damaging and undue political influence on the
University.

Sincerely,

Marvin Wiggins